Flamingo Internet Navigators Terms and Conditions for Web Hosting and other Internet Services

1 March 2002

PLEASE READ THESE TERMS, CONDITIONS AND ACCEPTABLE USE GUIDELINES
CAREFULLY BEFORE OPENING OR CONTINUING AN ACCOUNT WITH Flamingo Internet
Navigators (hereafter referred to as FINI). These Terms, Conditions and
Acceptable Use Guidelines represent the complete Agreement and
understanding between FINI and you, the FINI account holder, and supersede
any other written or oral agreement pertaining to your FINI services. By
using FINI services, you agree to be bound by and to comply with this
Agreement, just as if you had signed it. Violation of any provision of
this Agreement is grounds for immediate termination of your FINI account.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU SHOULD
IMMEDIATELY END YOUR USE OF FINI SERVICES AND NOTIFY FINI SO THAT FINI MAY
INITIATE CLOSURE OF YOUR ACCOUNT.

FINI reserves the right to modify the Terms, Conditions and Acceptable
Use Guidelines, and/or modify the prices of its services, as well as
discontinue or change the services offered. A notification will be made by
email when modifications are made, however, it will be the responsibility
of the account holder to keep informed about these changes. Your continued
use of FINI's services following such notification will be deemed
acceptance of the modification.

1.00 Provision of Services

1.01 This Agreement defines the terms, conditions, and
acceptable use for all types of accounts offered by FINI. FINI "services"
are defined as the use of computing, telecommunications, software, and
information services provided by FINI. These services also include the
provision of access to computing, telecommunications, software and
information services provided by others via the global Internet.

1.02 FINI will provide services on its computing
systems to you in exchange for recurring payment of subscription fees and
full compliance with this agreement.

1.03 FINI reserves the right to discontinue any and
all services to you at any time, without prior notice or liability, for
any conduct which FINI, in its sole discretion, believes violates these
Terms, Conditions and Acceptable Use Guidelines, or is otherwise harmful
to FINI's interests or the interests of other account holders.

1.04 You may use FINI's services for lawful purposes,
in compliance with all applicable laws including copyright and trademark
law. Unlawful activities include storing, distributing or transmitting any
unlawful material through FINI services, attempting to compromise the
security of any Internet account or site, or making direct threats of
physical harm.

1.05 To comply with applicable laws and lawful
government requests, to operate its systems properly, or to protect itself
or its account holders, FINI reserves the right to access and disclose any
information. This may include disclosing the usernames of accounts and
other information. FINI will fully cooperate with law enforcement
authorities in investigating suspected lawbreakers, and reserves the right
to report to law enforcement any suspected illegal activity it becomes
aware of.

1.06 When FINI becomes aware of possible violations of
this Agreement, FINI may, in its sole discretion, choose to initiate an
investigation. This investigation may include gathering information from
account holders and examining material on FINI's servers. During
investigations, FINI may suspend accounts involved in a violation and/or
remove the material involved from its servers. If FINI believes, in its
sole discretion, that a violation of this Agreement has occurred, it may
temporarily or permanently remove material from FINI servers, warn the
account holder(s) involved, suspend or terminate the account(s)
responsible, and take other responsive action. FINI, in its sole
discretion, will determine what action will be taken in response to a
violation on a case-by-case basis. Violations of this Agreement could also
subject you to criminal or civil liability.

1.07 You are responsible for obtaining the Internet
access required to connect to FINI services, including computer hardware,
software and Internet access provider services. FINI does not provide
Internet access services, hardware or software. You are responsible for
ensuring that such equipment or service is compatible with FINI's
requirements. These requirements include conformance to the appropriate
Internet Request for Comments (RFC's). RFC's can be obtained from ftp://ftp.chicks.net/pub/rfc/std/
as well as other public archives such as http://www.ietf.org/.

1.08 Any use of FINI scripts or software or
third-party scripts or software distributed by FINI is governed by the
End-user License Agreement that accompanies such scripts or software. Use
of such software indicates your acceptance of the terms therein.

1.09 Certain services performed by FINI may require
passing personal information about FINI account holders to third parties.
Such services include, but are not limited to, obtaining secure server
certificates, applying for credit card merchant accounts, and
registering information with the
InterNIC, ARIN, or other registries for those account holders who wish to
own their own Internet domain name. FINI can not be held responsible for
the lack of privacy that these third party entities may offer.

1.09b OpenSRS: When requesting FINI to transfer
or register your domain you are also obligated to comply with TUCOWS, Inc.'s
registration agreement.

1.10 FINI reserves the right to obtain, lease and
utilize the products and services of third party vendors in order to
maintain services to account holders. Examples of services may include,
but are not limited to, Internet connections, Internet servers, or any
other product or service that FINI deems necessary to maintain services to
its account holders.

1.11 Tariffs: Services will be provided under
FINI Tariffs, subject to the rates, terms and conditions in such tariffs
as well as the contract tariffs ("CT"), if applicable, (collectively
"Applicable Tariffs"), as those Applicable Tariffs may be modified from
time to time. In the event of any inconsistency between the terms of this
form (including its addenda, if any) and the FINI Tariffs, the terms of
the FINI Tariffs shall prevail. In the event of any inconsistency between
the terms of the CT, if applicable, and the FINI Tariffs, the terms of the
CT, shall prevail. Except for changes to the Applicable Tariffs, no
change, modification or waiver of any of the terms of this Agreement shall
be binding unless reduced to writing and signed by an authorized
representative of both parties and to the extent required by law, filed
with the FCC. If FINI voluntarily or involuntarily as a result of
government action cancels, in whole or in part, any Tariff(s) referenced
herein, then effective on such cancellation, service will be provided
thereafter in accordance with FINI Tariff(s) which remain in effect as
amended from time to time and which will be provided to Customer on
request.

1.12 Agency Authorization. The customer
authorizes FINI to act as agent for Customer as necessary, pursuant to the
Letter of Authorization, to provide the Service, including but not limited
to, ordering telecommunications and other services or facilities and
increasing, adding to, terminating, decreasing, removing or rearranging
such service or facilities on Customer's behalf.

1.13 Facilities. The furnishing of service under
this Agreement is subject to the availability on a continuing basis of all
necessary facilities and is limited to the capacity of FINI's facilities,
and/or that of FINI's underlying carriers. Without the specific consent of
FINI, Customer shall have no right of access to the facilities or any
other real or personal property of FINI and shall refrain from any contact
whatsoever with said facilities and/or other FINI property.

1.14. Equipment & Location. If facilities and /
or equipment are a part of the Customer's services provided under this
Agreement, the Customer will not allow unreasonably or cause any facility
or equipment of FINI or FINI providers to be rearranged, moved, modified,
damaged, repaired, or relocated without FINI's consent. Customer shall be
responsible for ensuring that the equipment, wiring, space, and associated
facilities, conduit and rights-of-way are protected against fire, theft,
vandalism, or other casualty and that the use thereof complies with
applicable laws, rules, regulations, and contractual obligations. Customer
will not create or allow any liens or other encumbrances to be placed on
any such facilities or equipment of FINI or FINI Providers. If Customer
relocates or changes the place of the Service provided under any Service
Order, Customer will pay all additional installation and related charges
associated with such relocation. All FINI equipment or FINI provider
equipment shall be returned to FINI upon termination of this Agreement.

2.00 Payment of
fees

2.01 Current recurring and setup fees for FINI
services can be found on the Web on the FINI web site found at

http://www.fini.net FINI will publish an
online notice of fee increases at least 30 days before such increases take
effect.

2.02 FINI services are offered on a prepay basis.
Payment for a minimum of one billing period of services must be received
prior to the billing period's start date. Accounts that do not abide to
the payment terms
set forth herein are subject to suspension and/or account termination. You
acknowledge responsibility that, even if your account is terminated, you
will be held liable for any balance owed on the account.

2.03 Acceptable means of payment include Cash,
Personal Check, Cashier's Check, and Corporate Account Checks. Payment for
a FINI account or service by fraudulent means will result in immediate and
permanent termination of the account, and possible criminal penalties.

2.04 FINI reserves the right to charge a setup fee to
reinstate suspended or terminated accounts.

2.05 There is a $25.00 service charge for each
returned check.

2.06 If you believe FINI has billed you incorrectly,
you must contact FINI no later than 30 days after the date on the first
billing statement in which the error or problem appeared, in order to
receive an adjustment or credit. Inquiries should be directed to FINI's
Billing Department (billing@fini.net), and should include
all available information about the suspected error.

2.07 Usage charges, if applicable, will be billed in
arrears, and rounded up to the next whole cent. In the event FINI is
unable to record usage for any part of a billing period, FINI shall be
entitled to make a reasonable estimate of Customer's usage of services for
that billing period. Customer will pay all invoices within ten (10) days
after the invoice date and shall send its payments to the address
specified on the invoice. FINI may, in addition, to any other remedies
available to it, impose a late payment charge of one and one-half percent
(1.5%) per month on any invoice not paid within such 10-day period.
Failure of Customer to receive any invoice in no way relieves Customer of
the obligation to pay for any rendered services.

3.00 Cancellation and
Termination

3.01 To cancel your account, you must contact FINI
support via email or postal mail. Cancellation requests must include the
account's login name, and your name, address and phone number and other
identifying information as they appear in FINI's billing records. If the
information provided to FINI for an account does not match the account's
records, cancellation may be delayed or prevented. Accounts cannot be
canceled over the phone.

3.02 All cancellation requests must be received by
1:00 PM Eastern Standard Time on a regular business day to be processed
the same day. Otherwise, your request may not be processed until the
following business day.

3.03 All FINI accounts must be paid in full before a
cancellation will be considered complete. Unused time will not be
pro-rated.

3.04 If a FINI account is canceled, suspended or
terminated, FINI may maintain the account for 30 days. You may contact
FINI within that time to inquire about reopening a suspended account, or
forwarding mail or files to another address. FINI reserves the right to
refuse to forward the mail and/or files of any account terminated for
violation of any provision of the Terms, Conditions and Acceptable Use
Guidelines. If you do not contact FINI within 30 days, your account and
associated files will be deleted from FINI's servers, and FINI will not be
able to reopen it or restore files. FINI is not responsible for
maintaining material that it deletes from its servers as a result of a
determination that the material violates any provision of the Terms,
Conditions and Acceptable Use Guidelines.

3.05 Term & Renewal. Upon expiration of the
Initial Term of all or any part of the Service, this Agreement and the
affected Service and all the terms and conditions hereof shall continue on
a month-to-month basis unless renewed for a different term or terminated
by either party upon thirty (30) days prior written notice or until
otherwise terminated pursuant to the provisions of these Terms and
Conditions.

3.07. Service Charges. Customer shall pay to
FINI all Monthly Recurring Charges, Usage Charges and Installation Charges
set forth on the front of this Agreement, and any addenda, and all
non-recurring charges related to the Service plus all applicable excise,
sales use or other taxes, fees, or allocations or charges applicable to
the Service. Such fees, tax charges, etc. will be separately stated in
FINI Invoices. Service Charges shall be due and payable commencing on the
earlier of the Request for Service date specified on the quote or the date
on which Customer first utilizes the Service. Service Charges for local
access or other service or facilities arranged for or ordered by FINI on
Customer's behalf shall become due on the Request for Service date.

3.08. Termination. FINI may terminate this
Agreement, or any Service Order, in whole or in part, or suspend the
Service at any time upon: (a) Any failure of Customer to pay any
undisputed amounts due hereunder - after the Customer has received notice
from FINI, to be provided in writing; (b) Any breach by Customer of any
material provision of this Agreement or any Service Order, (c) Any
insolvency, bankruptcy, assignment for the benefit of creditors,
appointment of a trustee or receiver or similar event with respect to
Customer; or (d) Any governmental prohibition or required alteration of
the Service provided hereunder or any violation of applicable law, rule or
regulation. No such termination shall relieve Customer of its obligations
under this Agreement, or any Service Order, including without limitation,
the obligation to make payments for the Service provided prior to
termination. The rights and obligations of the parties shall survive any
such termination or other cancellation or expiration of this Agreement or
any Service Order:

3.08.1 DSL, InterLATA? Private Line & Frame Relay
Service. In the event Customer cancels or terminates the DSL, Private Line
or Frame Relay Service under this Agreement or any Service Order prior to
the end of the Initial Term or any subsequent Renewal Term, Customer
agrees to pay FINI a termination charge (as liquidated damages and not as
a penalty) as follows: (1) All non-recurring charges specified in this
Agreement or any Service Order, plus (2) All disconnection, early
cancellation or termination charges reasonably incurred by FINI on
Customer's behalf, plus (3) The monthly recurring charge indicated in the
Agreement times the number of months remaining in the term.

3.08.2 IntraLATA Private Line Services. For
services terminated prior to the end of the term, FINI will calculate the
closest term satisfied by customer and revalue service rates according to
the appropriate monthly rate for the term satisfied. Customer also agrees
to pay all disconnection, early cancellation or termination charges
reasonably incurred by FINI on the Customer's behalf.

3.08.3 Voice and ISDN Services. For voice
services or ISDN usage services terminated prior to the end of the term,
Customer agrees to pay (as liquidated damages and not as a penalty), all
prior usage re-rated at the rates of the next nearest term completed. All
termination charges shall be due and payable within thirty (30) days of
the effective date of termination.

4.00 "As Is" Services; Limitation of Liability,
Indemnification

4.01 "As Is" Services. You acknowledge that
FINI services are provided "as is". FINI, its employees, agents,
suppliers, vendors and distributors make no warranty of any kind, either
expressed or implied, regarding the quality, accuracy, or validity of the
data and/or information available on its systems, or residing on or
passing through its interconnecting networks, or that FINI services will
be uninterrupted or error free. FINI expressly excludes any implied
warranty of merchantability or fitness for a particular purpose to the
fullest extent possible by law.

4.02 Limitation of Liability. Neither party
shall be liable to the other for any loss, damage, liability, claim or
expense arising out of or in relation to this Agreement or your use of or
inability to use FINI services, other than for payment of fees due under
Section 3 and for indemnification under section 4.0, however caused,
whether grounded in contract, tort (including negligence) or theory of
strict liability. Use of information obtained from or through FINI is at
your own risk. Under no circumstances will FINI be liable to you or any
other person for any loss or damage caused by reliance on data or
information available from or on FINI's services and systems.
You agree to waive and hold FINI harmless from any
claims relating to any action taken by FINI as part of its investigation
of a suspected violation of this Agreement or as a result of its
conclusion that a violation of this Agreement has occurred. This means you
cannot sue or recover any damages whatsoever from FINI's decision to
remove material from its servers, warn you, suspend or terminate your
account, or take any other action during the investigation of a suspected
violation or as a result of FINI's conclusion that a violation has
occurred. This waiver applies to all violations described in the Terms,
Conditions and Acceptable Use Guidelines.

IN NO EVENT SHALL FINI BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING,
WITHOUT LIMITATION, LOST PROFITS) ARISING OUT OF OR IN RELATION TO THIS
AGREEMENT OR THE ACCOUNT HOLDER'S USE OF OR INABILITY TO USE FINI's
SERVICES. FINI's ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE AT
FINI's OPTION, EITHER RETURN OF THE SERVICE FEES PREPAID OR REPLACEMENT OF
SERVICES. In any case, FINI's entire liability under or arising
out of this Agreement shall be limited to the amount you paid for the
service in the twelve (12) months prior to the act or injury that gave
rise to the liability. However, some jurisdictions may not allow a
limitation on liability for negligence that causes death or personal
injury, and FINI limits its liability in such jurisdictions only to the
degree allowed by the applicable laws.

4.03 Indemnification: Each party agrees to
indemnify, defend and save the other, its successors and assigns harmless
from any suits, liabilities, claims or demands (including costs, expenses,
and attorney's fees on account thereof) that may be made by (1) anyone,
for injuries, including death to persons or damage to property (including
theft), resulting from the indemnifying parties acts or omissions or those
of persons furnished by such party, or by (2) persons furnished by
indemnifying party or any subcontractor under Worker's Compensation or
similar acts. Each party shall maintain adequate insurance to cover such
obligations noted above, and shall provide the other party evidence of
such insurance upon request, (3) any copyright violation or claim of
infringement of any patent, trademark, copyright, trade secret or other
proprietary interest based on the possession, use or sale or any material
products and/or product(s) & service(s), information, programs, or
equipment furnished to the other party under this Agreement or in
contemplation of this Agreement.

4.04 Force Majeure: If the performance of the
respective obligations of FINI or Customer under this Agreement shall be
prevented or interfered with by reason of a Force Majeure, then that party
shall not be liable to the other for its failure to perform such
obligations and such failure shall not constitute a breach of this
Agreement. "Force Majeure" as used herein shall include without
limitation: fire, flood, earthquake, other acts of God, explosion, strike
or other labor dispute, riot or civil disturbance, war (whether declared
or undeclared) or armed conflict, failure of common carrier or "carrier's
carrier," interruption of power, municipal ordinance including any state
or federal law, governmental order or regulation or order of any court of
competent jurisdiction, or any other similar thing or occurrence not
within the control of the party.

5.00 Acceptable Use
Guidelines

5.01 Use of Services

5.01.1 The account holder agrees to use FINI's
services only for lawful purposes, in compliance with all applicable laws,
and in accordance with all provisions set forth in the Terms, Conditions
and Acceptable Use Guidelines. Violation of any provision of this
Agreement is grounds for immediate termination of your FINI account.

5.01.2 The account holder of record is responsible for
all use of the account, with or without the knowledge of consent of the
account holder.

5.02 Use of Material

5.02.1 Materials in the public domain (e.g., images,
text and programs) may be downloaded or uploaded using FINI services.
Account holders may also redistribute materials in the public domain. The
account holder assumes all risk regarding the determination of whether the
material is in the public domain.

5.02.2 The account holder is prohibited from storing,
distributing or transmitting any unlawful material through FINI services.
Examples of unlawful material include but are not limited to direct
threats of physical harm, child pornography, and copyrighted, trademarked
and other proprietary material used without proper authorization. The
account holder may not post, upload or otherwise distribute copyrighted
material on FINI's servers without the consent of the copyright holder.
The storage, distribution, or transmission of unlawful materials could
subject the account holder to criminal as well as civil liability, in
addition to account termination.

5.02.3 The account holder may not store or distribute
certain other types of material on FINI's servers. Examples of prohibited
material include, but are not limited to, material judged, at FINI's sole
discretion, as threatening, obscene, pornographic, profane, or material
protected by trade secrets. This also includes links or any connection to
such materials.

5.03 Passwords

5.03.1 Each FINI account user is responsible for the
security of his or her password(s). Secure passwords are at least 6
characters long, contain letters of mixed case and non-letter characters,
and cannot be found in whole or in part, in normal or reverse order, in
any dictionary of words or names in any language. The account holder is
responsible for changing his or her password(s) regularly.

5.03.2 FINI staff may monitor the security of account
holder's password(s) at any time. An account with an insecure password may
be directed to change the password to one which complies with the above
rules. Account holders who repeatedly choose insecure passwords may be
assigned a password by FINI; continued failure to maintain password
security may be grounds for account termination.

5.04 System Security

5.04.1 The account holder is prohibited from utilizing
FINI services to compromise the security or tamper with system resources
or accounts on computers at FINI or any other site. Use or distribution of
tools designed for compromising security is prohibited. Examples of these
tools include but are not limited to password guessing programs, cracking
tools or network probing tools.

5.04.2 FINI reserves the right to release the
usernames of account holders involved in violations of system security to
system administrators at other sites, in order to assist them in resolving
security incidents. FINI will also fully cooperate with law enforcement
authorities in investigating suspected lawbreakers.

5.05 System Resources

5.05.1 FINI will allocate system resources to provide
all account holders with the best service possible. As a part of resource
allocation, FINI may limit, restrict or prioritize access to system
resources, including CPU time, memory, disk space, session length, and
number of sessions.

Additionally, FINI may institute services and fees for
account holders who are interested in accessing system resources above and
beyond acceptable usage.

5.05.2 System abuse is defined as any use FINI
resources which disrupts the normal use of the system or Internet services
for others. Examples of system abuse include, but are not limited to,
attempting to disrupt the sessions of other Internet users, consuming
excessive amounts of CPU time, memory or disk space, or otherwise
affecting the performance of FINI servers.

5.06 Web Page Publishing
Guidelines

5.06.1 The account holder is solely responsible for
the content of Web pages owned by the account.

5.06.2 FINI will investigate complaints regarding
inappropriate material on Web pages hosted on FINI servers and may, in its
sole discretion, require that the material be removed or take action as
outlined in 5.01.1 above. Criteria for determining
whether a page is appropriate include, but are not limited to, the system
resources consumed by the page and applicable laws.

5.06.3 Your account may be subject to additional fees
depending on the total web transfers or "hits" to your account. The exact
details of this rule depend on the type of account and are set forth in
the account service features list located on the FINI web site at
http://www.fini.net

5.07 Email Use

5.07.1 FINI will investigate complaints regarding
email and may, in its sole discretion, take action based on the rules
below. If an email message is found to violate one of the policies below,
or to contain unlawful material, as described in 5.02.2 and
5.02.3 above, FINI
may take action as outlined in 5.01.1 above.

5.07.2 FINI account holders may not send email to any
user who does not wish to receive it. FINI recognizes that email is an
informal medium; however, account holders must refrain from sending
further email to a user after receiving a request to stop.

5.07.3 Unsolicited advertising mailings,
whether commercial or informational, are strictly prohibited. FINI account
holders may send advertising material only to addresses which have
specifically requested it. FINI will not forward mail of accounts
terminated for bulk mailing or unsolicited advertising. More information
can be found at http://spam.abuse.net,
but while that site provides good information it should not be construed
as necessarily the policy of FINI.

5.07.4 FINI account holders may not send, propagate,
or reply to mail bombs. Mail bombing is defined as either emailing copies
of a single message to many users, or sending large or multiple files or
messages to a single user with malicious intent.

5.07.5 FINI account holders may not alter the headers
of email messages to conceal their email address or to prevent others from
responding to messages. Altering email headers may result in criminal
prosecution as well as account termination.

5.07.6 Violations of the FINI policies outlined in
this document can sometimes result in massive numbers of email responses.
If a FINI account holder receives so much email that FINI resources are
affected, FINI staff may shut down the account holder's mailbox. Any email
sent after the mailbox is shut down will be lost and FINI will not be
responding to messages. Altering email headers may result in criminal
prosecution as well as account termination.

5.07.6 Violations of the FINI policies outlined in
this document can sometimes result in massive numbers of email responses.
If a FINI account holder receives so much email that FINI resources are
affected, FINI staff may shut down the account holder's mailbox. Any email
sent after the mailbox is shut down will be lost and FINI will not be
responsible for recovering it.

5.08 FTP Use

5.08.1 There is currently no limit per day for account
FTP uploads to servers. FTP downloads are included in the bandwidth and
hit counts for the account holder's web site.

6.00 Miscellaneous

6.01 This agreement will be governed by and construed
in accordance with the laws of the Commonwealth of Virginia, excluding its
conflict of laws principles, and the parties' consent to exclusive
personal jurisdiction of and venue in court of competent jurisdiction
located in Williamsburg, Virginia.

6.02 Section 4 and your obligation to pay amounts due
under this Agreement will survive termination of this Agreement.

6.03 If any provision of this Agreement is held to be
unenforceable for any reason, such provision shall be reformed only to the
extent necessary to effect the original intentions of the parties, and the
remainder of this Agreement shall remain in full force and effect.

6.04 Regular business days are Monday through
Friday excluding holidays. Holidays as defined by FINI are New
Year's Day, Independence Day, Labor Day, Memorial Day, Thanksgiving and
the day after Thanksgiving, Christmas Eve, Christmas, and New Year's
Eve.

6.05 Ownership of Work Product. All original
works of authorship, fixed in any tangible medium of expression, including
any computer accessible medium, heretofore or hereafter created by FINI
for Customer shall remain the property of FINI and may not be shared with
any external party by Customer except upon such terms as may be agreed
upon between the parties in writing.

6.06 Assignment Rights. This Agreement shall not be assigned or
transferred by Customer to another party without the written consent of
FINI, which shall not be withheld unreasonably; however, FINI may assign
this Agreement to an affiliate.

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